(a) Discovery Methods. Parties may obtain discovery by one or more of the following
methods:

(1) depositions uponon oral examination or written questions;

(2) written interrogatories;

(3) production of documents or things or permission to enter uponon land or other
property, for inspection and other purposes;

(4) physical and mental examinations; and

(5) requests for admission.

(b) Discovery Scope and Limits.

(1) In General.

(A) Scope. Unless otherwise limited by court order of the court in accordance with these
rules, the scope of discovery is as follows: (1) In general. Parties may obtain discovery
regarding any nonprivileged matter, not privileged, whichthat is relevant to the subject
matter involved in the pending action, whether it relates to theany party's claim or defense,
of the party seeking discovery or to the claim or defense of any other party, including the
existence, description, nature, custody, condition, and location of any books, documents,
or other tangible things and the identity and location of persons having knowledgewho
know of any discoverable matter. For good cause, the court may order the discovery of any
matter relevant to the subject matter involved in the action.It is not ground for objection that
the Relevant information sought will be inadmissibleneed not be admissible at the trial if
the information soughtdiscovery appears reasonably calculated to lead to the discovery of
admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)(A).

(2)(B) Limitations on Frequency and Extent.

(A)(i)When Required.TheOn motion or on its own, the court must limit the frequency
or extent of use of the discovery methods set forth in subdivision (a) must be limited by the
courtotherwise allowed by these rules if it determines that:

(i)- discovery sought is unreasonably cumulative or duplicative, or is obtainableit can be
obtained from some other source that is more convenient, less burdensome, or less
expensive;

(ii)- the party seeking discovery has had ample opportunity by discovery in the action to
obtain the information soughtby discovery in the action; or

(iii)- the burden or expense of the proposed discovery is unduly burdensome or expensive,
taking into accountoutweighs its likely benefit, considering the needs of the case, the
amount in controversy, limitations on the parties' resources, and the importance of the issues
at stake in the litigationaction, and the importance of the discovery in resolving the issues.
The court may act upon its own initiative after reasonable notice or pursuant to a motion
under subdivision (c).

(B)(ii)Specific Limitations on Electronically Stored Information. A party need not provide
discovery of electronically stored information from sources that the party identifies as not
reasonably accessible because of undue burden or cost. On motion to compel discovery or
for a protective order, the party from whom discovery is sought must show that the
information is not reasonably accessible because of undue burden or cost. If that showing
is made, the court may nonetheless order discovery from such sources if the requesting party
shows good cause, considering the limitations of subparagraphRule 26(b)(2)(A). The court
may specify conditions for the discovery.

(3)(2) Insurance Agreements. A party may obtain discovery of the existence and contents
of any insurance agreement under which anyIf a person carrying on an insurance business
maymight be liable to satisfy part or all of a judgment which may be entered in thein an
action or to indemnify or reimburse for payments made to satisfy the judgment, a party may
obtain discovery of the existence and contents of the insurance agreement. Information
concerningDisclosure of the insurance agreement is not by reason of disclosure admissiblefor its admission in evidence at trial. For purposes of this paragraph, anAn application for
insurance shallmay not be treated as part of an insurance agreement.

(4)(3) Trial Preparation-:Materials.

(A) Documents and Tangible Objects.Subject to the provisions of subdivision (b)( 5) a
party may obtain discovery ofOrdinarily, a party may not discover documents and tangible
things otherwise discoverable under subdivision (b)(1) andthat are prepared in anticipation
of litigation or for trial by or for another party or by or for that other party'sits representative
(including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). But,
subject to Rule 26(b)(5), these materials may be discovered if:

(i) they are otherwise discoverable under Rule 26(b)(1); and

(ii)only upon a showing that the party seeking discoveryshows that it has substantial need
offor the materials in the preparation of the party'sto prepare its case and that the party is
unablecannot, without undue hardship,to obtain thetheir substantial equivalent of the
materials by other means.

(B) Protection Against Disclosure.In orderingIf the court orders discovery of those
materials,when the required showing has been made, the court shallit must protect against
disclosure of the mental impressions, conclusions, opinions, or legal theories of ana party's
attorney or other representative of a party concerning the litigation.

(C) Previous Statement.AAny party or other person may, on request andobtain without
the required showing,aobtain the person's own previous statement concerningabout the
action or its subject matter previously made by that party. Upon request, a person not a party
may obtain without the required showing a statement concerning the action or its subject
matter previously made by that person. If the request is refused, the person may move for a
court order. The provisions ofand Rule 37(a)(4) applyapplies to the award of expenses
incurred in relation to the motion. For purposes of this paragraph, aA previous statement
previously made is:

(A)(i) a written statement that the person has signed or otherwise adopted or approved by
the person making it,; or

(B)(ii) a contemporaneous stenographic, mechanical, electrical, or other recording, or a
transcription thereofof it, which is athat recites substantially verbatim recital of anthe
person's oral statement by the person making it and contemporaneously recorded.

(5)(4) Trial preparation-Experts.

(A) Expert Who May Testify. Discovery of facts known and opinions held by experts,
otherwise discoverable under the provisions of subdivisionRule 26(b)(1) of this rule and
acquired or developed in anticipation of litigation or for trial, may be obtained only as
follows:

(A) (i) Aa party may through interrogatories require any other party to identify each person
whom the other party expects to call as an expert witness at trial,; to state the subject matter
on which the expert is expected to testify,; and to state the substance of the facts and
opinions to which the expert is expected to testify and a summary of the grounds for each
opinion.;

(ii) Aa party may depose eachany person whom the other party expects to callwho has
been identified as an expert witness whose opinions may be presented at trial unless, upon
motion, the court finds, on motion, that the deposition is unnecessary, overly burdensome,
or unfairly oppressive.

(B) Expert Employed Only for Trial Preparation.AOrdinarily, a party may not, by
interrogatories or deposition, discover facts known or opinions held by an expert who has
been retained or specially employed by another party in anticipation of litigation or
preparationto prepare for trial and who is not expected to be called as a witness at trial,.But
a party may do so only:

(i) as provided in Rule 35(b); or

(ii)upon aon showing of exceptional circumstances under which it is impracticable for the
party seeking discovery to obtain facts or opinions on the same subject by other means.

(i) pay the expert a reasonable fee for time spent in responding to discovery under
subdivisionsRule 26(b)(4)(A)(ii) and (b)(4)or (B) of this rule; and

(ii) with respect tofor discovery obtained under subdivision (b)(4)(A)(ii) of this rule the
court may require, and with respect tofor discovery obtained under subdivision (b)(4)(B)
of this rule the court shallmust require, the party seeking discovery to pay the other party
a fair portion of the fees and expenses it reasonably incurred by the latter party in obtaining
the expert's facts and opinions from the expert.

(A) Information Withheld. When a party withholds information otherwise discoverable
under these rules by claiming that itthe information is privileged or subject to protection as
trial-preparation material, the party shallmust:

(i) expressly make the claim expressly; and

(ii)shall describe the nature of the documents, communications, or tangible things not
produced or disclosed, and do so in a matter that, without revealing information itself
privileged or protected, will enable other parties to assess the applicability of the privilege
or protectionclaim.

(B) Information Produced. If information is produced in discovery that is subject to a claim
of privilege or of protection as trial-preparation material, the party making the claim may
notify any party that received the information of the claim and the basis for it. After being
notified, a receiving party must promptly return, sequester, or destroy the specified
information and any copies it has and may not use or disclose the information until the claim
is resolved. A receiving party may promptly present the information to the court under seal
for determination of the claim. If the receiving party disclosed the information before being
notified, it must take reasonable steps to retrieve it. The producing party must preserve the
information until the claim is resolved.

(c) Protective Orders.

(1) In General.Upon motion by aA party or by theany person from whom discovery is
sought, and for good cause shown, the court in whichmay move for a protective order in the
court where the action is pending, or alternatively,as an alternative on matters relating to
a deposition, in the court in the district where the deposition is towill be taken. The court
may, for good cause shown,make anyissue an order which justice requires to protect a party
or person from annoyance, embarrassment, oppression, or undue burden or expense,
including one or more of the following:

(1)(A)thatforbidding the discovery not be had;

(2)(B) that the discovery may be had only on specifiedspecifying terms and conditions,
including a designation of the time or place, for the discovery;

(3)(C)that theprescribing a discovery may be had only by a method of discovery other
than thatthe one selected by the party seeking discovery;

(4)(D)thatforbidding inquiry into certain matters not be inquired into, or thatlimiting the
scope of the discovery be limited to certain matters;

(5)(E)that discovery be conducted with no onedesignating the persons who may be
present except persons designated by the courtwhile the discovery is conducted;

(6)(F) requiring that a deposition after beingbe sealed beand opened only byon court
order of the court;

(7)(G)requiring that a trade secret or other confidential research, development, or
commercial information not be disclosed or be disclosedrevealed or be revealed only in a
designatedspecified way; orand

(8)(H)requiring that the parties simultaneously file specified documents or information
enclosed in sealed envelopes to be opened as directed by the court directs.

(2) Ordering Discovery. If thea motion for a protective order is wholly or partially denied
in whole or in part, the court may, on such terms and conditions as are just terms, order that
any party or person provide or permit discovery.

(3) Awarding Expenses.The provisions of Rule 37(a)(4) applyapplies to the award of
expenses incurred in relation to the motion.

(d) Sequence and Timing of Discovery. Unless, on motion, the court upon motion, forthe
orders otherwise for the parties' and witnesses' convenience of parties and witnesses and in
the interests of justice, orders otherwise, methods of discovery may be used in any sequence
and the fact that a party is conducting discovery by one party, whether by deposition or
otherwise, shall not operatedoes not require any other party to delay any other party'sits
discovery.

(e) Supplementation ofSupplementing Responses.

(1) In General. A party who has responded to a request for discovery with a response that
was complete when made is under no duty to supplement the response to include
information thereafter acquired, except as followsan interrogatory, request for production,
or request for admission, must supplement or correct its response:

(1) A party is under a duty seasonably to supplement the response with respect to any
question directly addressed to

(A) in a timely manner if the party learns that in some material respect the response is
incomplete or incorrect, and if the additional or corrective information has not otherwise
been made known to the parties during the discovery process or in writing; or

(B) as ordered by the court.

(2) Witnesses. A party has a duty to timely supplement a response about:

(A) the identity and location of persons having knowledge of discoverable matters, and

(B) the identity of each person expected to be called as an expert witness at trial, the
subject matter on which the person is expected to testify, and the substance of the person's
testimony.

(2) A party is under a duty seasonably to amend a previous response if the party obtains
information upon the basis of which

(A) the party knows that the response was incorrect when made, or

(B) the party knows that the response though correct when made is no longer true and the
circumstances are such that a failure to amend the response is in substance a knowing
concealment.

(3) A duty to supplement responses may be imposed by order of the court, agreement of
the parties, or at any time before trial through new requests for supplementation of previous
responses.

(f) Discovery Conference.

(1) Conference Timing. At any time after an action has been filed, the court may directorder the parties' attorneys for the parties to appear before it for a discovery conference on
the subject of discovery.

(2) Motion for Conference.TheOn motion, the court shall do so upon motion by the
attorney for any partymust order a discovery conference if the motion includes:

(1)(A)Aa statement of the issues as they then appear;

(2)(B)Aa proposed discovery plan and schedule of discovery;

(3)(C)Anyproposed limitations proposed to be placed on discovery;

(4)(D)Any other proposed discovery orders with respect to discovery; and

(5)(E)Aa statement showing that the attorney making the motionmovant has made a
reasonable effort to reach agreement with opposing attorneys on the matters set forth in the
motion.

(3) Discovery Plan.EachIf a party proposes making a discovery plan, each party and each
party's attorney are underhas a duty to participate in good faith in the framing of a discoverythe plan if a plan is proposed by the attorney for any party. Notice of the motion must be
served on all parties. Objections or additions to matters set forth in the motion must be
served not later than ten days after service of the motion.

(4) Discovery Order. Following the discovery conference, the court shallmust enter an
order tentatively:

(A) identifying the discovery issues for discovery purposes,;

(B) establishing a discovery plan and schedule for discovery,;

(C) setting limitations on discovery limits, if any,; and

(D) determining such other matters, including the allocation of expenses, as are necessary
for the proper management of discovery in the action.

AnA discovery order may be altered or amended wheneverif justice so requires.

(5) Discovery and Scheduling Conference. Subject to the right of a party who properly
moves for a discovery conference to a prompt convening of the conference, the court may
combine the discovery conference with a pretrial conference authorized byunder Rule 16.

(g) Signing of Discovery Requests, Responses, and Objections.

(1) Signature Required; Effect of Signature. Every discovery request,for discovery or
response, or objection thereto made by a party represented by an attorney must be signed
by at least one attorney of record in the attorney's individual name, or by the party
personally, if self-represented, and contain the attorney'sstate the signer's address, e-mail
address, telephone number, and State Board of Law Examiners identification number, if
applicable. A party who is not represented by an attorney shall sign the request, response,
or objection and state the party's address. The signature ofBy signing, the attorney or party
constitutes a certificationcertifies that the signer has read the request, response, or objection,
and that to the best of the signer's knowledge, information, and belief formed after a
reasonable inquiry it is:

(i)(A) consistent with these rules and warranted by existing law or by a good faith
argument for the extension, modification, or reversal ofextending, modifying or reversing
existing law;

(ii)(B) not interposed for any improper purpose, such as to harass,or to cause unnecessary
delay or needlessneedlessly increase in the cost of litigation; and

(iii)(C)notneither unreasonable ornor unduly burdensome or expensive, givenconsidering the needs of the case, theprior discovery already had in the case, the amount
in controversy, and the importance of the issues at stake in the litigation.

(2) Failure to Sign.If aOther parties have no duty to act on an unsigned request, response,
or objection is notuntil it is signed, and the court, on motion of a party shall or on its own,motion may order the instrument to be strickenmust strike it unless it is signeda signature
is promptly supplied after the omission is called to the attorney's or party's attention of the
party making the request, response, or objection and the party is not obligated to take any
action with respect to it until it is signed.

(3) Sanction for Improper Certification. If a certification is made in violation of theviolates
this rule, without substantial justification, the court, on motion of a party or its own motion,
shallmust impose upon the person who made the certification, the party on whose behalf
the request, response, or objection is made, or both, an appropriate sanction on the signer,
the party on whose behalf the signer was acting, or both., whichThe sanction may include
an order to pay the amount of the reasonable expenses, including attorney's fees, incurred
because ofcaused by the violation, including a reasonable attorney's fee.

Before the 1993 federal amendment, Rule 26 was almost identical to Rule 26, is derived
from Fed.R.Civ.P. 26.

As amended, effective March 1, 1996, a party deposing another party's expert witness
under subdivision (b)(4)(A)(ii) must pay the expert a reasonable fee under subdivision
(b)(4)(C), even though a court order has not been obtained authorizing the deposition or
commanding payment of expert witness fees.

Rule 26 was amended, effective March 1, 2008, to implement changes related to discovery
of electronically stored information. The changes reflect the 2006 amendments to
Fed.R.Civ.P. 26. Subdivision (b) was amended to incorporate a new subparagraph (b)(2)(B)
on limitations to discovery of electronic information. A new paragraph (b)(6) was also added
to address claims of privilege or protection of trial preparation materials.

Rule 26 was amended, effective _______________, in response to the December 1, 2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.